Insights
Named Patient Program
Named Patient Programs (“NPP”) is one of the exceptional pharmaceutical importation regimes for products that are not authorized or authorized but unavailable in the Turkish market for various reasons. In cases where a product does not have marketing authorization in Türkiye or has marketing authorization but cannot be found on the market, and patients need the product in question, it is possible to procure the pharmaceutical via this method upon the request of a physician.… »
Insights from ICANN 81 and Domain Name Disputes in Türkiye
The 81st ICANN meeting (ICANN 81) was held in Istanbul, Türkiye, in November 2024, offering a significant platform for global discussions on internet governance, domain names, and online policy. The 81st ICANN meeting underscored the importance of evolving global internet governance, particularly through advancements in the New gTLD Program and initiatives like the Registration Data Request Service (RDRS). While these developments highlight strides toward inclusivity and… »
Data Residency in Turkey for 2025
Executive Summary: Data Residency in Turkey – Q&A Format Overview 1.1 General Personal Data Q: Can personal data be transferred abroad? A: Yes, but under specific conditions. Before June 1, 2024, personal data could be transferred abroad only if explicit consent was obtained or if a legal basis other than consent existed. These legal bases were outlined under Article 5 of the Data Protection Law (DPL). However, the applicability of these bases was limited due to the… »
Work Bearing The Characteristics of Its Author - “Selvi Boylum Al Yazmalım”
The decision of the 11th Civil Chamber of the Court of Cassation dated 24.05.2022 and numbered 2020/8509 E. 2022/3996 K. has been enlightening, both in terms of the examination of the distinctive signs of the work and the works bearing the characteristics of the author, and in terms of the amendments made to the Law on Intellectual and Artistic Works, especially regarding cinematographic works. Following the publication of the previous version of our article, the 16th Civil… »
Recommendations from the Personal Data Protection Authority on the Protection of Personal Data in the Field of Artificial Intelligence
Artificial intelligence (AI) technologies, as one of the fastest-developing and most widely debated fields today, provide significant benefits to individuals and society while also posing various risks in terms of personal data protection. Recently, the widely discussed DeepSeek has been subjected to review by the European Commission and relevant data protection authorities. The Personal Data Protection Authority (“Authority”) has issued the following recommendations for… »
Matters to be Considered in Standard Contracts to be Used in the Transfer of Personal Data Abroad
With the amendment made to Article 9 of the Personal Data Protection Law No. 6698 (“Law”), titled “Transfer of personal data abroad”, standard contracts have been introduced as one of the appropriate safeguards that data controllers and data processors may rely on for the transfer of personal data abroad. With the enactment of the law amendment on June 1, 2024 with a three-month transition period for cross-border data transfers, and the publication of the Regulation on the… »
Changes to Minimum Wage, Severance Payments and Administrative Fines in 2025
At the beginning of each year, the minimum wage, severance payments and administrative fines prescribed by the Labour Act are revised. This article provides an overview of the 2025 changes, which came into effect on 1 January 2025. Minimum wage In 2024 the monthly minimum wage rate was 20,002.50 Turkish liras (gross). As of 1 January 2025, this has increased to 26,005.50 Turkish liras (gross). The new rate applies from 1 January 2025 to 31 December 2025. The minimum wage… »
SNICKERS v PEANUT & CARAMEL: an Appetising Decision
The IP Court found that there was a likelihood of confusion between a figurative mark containing the words ‘Ankara çikolata peanut & caramel’ and earlier SNICKERS marks The Regional Court of Appeals agreed, and the Court of Cassation dismissed the appeal The well-known status of the opponent’s marks in the food sector enhanced the likelihood of confusion between the marks A recent IP Court decision has highlighted the impact of conceptual similarity and well-known… »
Domain Name Disputes and Online Enforcement in Türkiye
In a follow-up to their post on the Class 46 blog about the 81st ICANN meeting, Mutlu Yıldırım Köse and Baran Güney explore domain name disputes and online enforcement in Türkiye. The Role of TRABIS TRABIS (the .tr Network Information System), established by the Turkish Information and Communication Technologies Authority (BTK), became operational on 14 September 2022 and undertook the management of .tr domain names. Upon the introduction of TRABIS, the first-come… »
Guidelines on Cross-Border Transfer of Personal Data Published
The long-awaited Guidelines on Cross-Border Transfer of Personal Data (“Guidelines”), prepared to serve as a guiding document regarding the cross-border data transfers under the Personal Data Protection Law (“Law”), was published on the website of the Personal Data Protection Authority (“DPA”) on January 2, 2025. With the amendments made in the Law effective as of June 1, 2024, along with a three-month transition period, and the publication of the Regulation on the Procedures… »
Patent and Trademark Office Almost Loses Authority to Revoke Trademarks – Before It Even Gets a Chance to Use It
Within the context of the entry into force of Article 26 of the Industrial Property Code, there have been heated discussions as to whether the administrative revocation of trademarks is constitutional An IP court applied to the Constitutional Court to annul the office’s authority to revoke trademarks before the office was able to use such authority The Constitutional Court rejected the application due to the court's lack of jurisdiction and did not examine the… »
Article 10: a Hidden Gem of the Turkish Industrial Property Code
Article 10 grants trademark owners the right to request the transfer of a trademark in case of unfair registration in the name of a commercial agent and/or representative The provision offers an underestimated and rarely applied tool for genuine trademark owners A recent Court of Cassation decision involving the marks HOLLIS and OCEANIC highlights the significance of this provision Relevant rule of law Article 10 of the Industrial Property Code (“the IP Code”) reads as… »